Ali v Caton & Anor

Ali v Caton & Anor

The court found, on the balance of probabilities, that the claimant suffered genuine, significant cognitive and physical disabilities as a result of the accident, though not to the extreme degree indicated by some test results. The claimant was not malingering in his day-to-day presentation, and the best evidence of his functional abilities was provided by the Banstead rehabilitation records. The claimant lacks capacity to manage his property and affairs. The appropriate quantum of damages is to be calculated on a multiplier/multiplicand basis, using Table 1 of the Ogden Tables for future losses, and reflects substantial past and future care, loss of earnings, and other heads of loss. The...

Parties
Claimant: Mr Jubair Ali (A Protected Party by Jabid Ali, His Father and Litigation Friend); First Defendant: Mr David Graham Caton; Second Defendant: Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
05 July 2013
Procedural Posture
Personal Injury/quantum Assessment / Judgment After Trial on Quantum
Outcome
Judgment for the claimant on quantum, subject to 20% liability deduction and interim payments.
Legal Topics
Quantum of Damages, Brain Injury, Orthopaedic Injury, Capacity Under Mental Capacity Act, Care and Rehabilitation, Loss of Earnings, Future Care Costs, Epilepsy, Expert Evidence, Malingering Allegations
Tort Personal Injury Civil Procedure Quantum of Damages Brain Injury Orthopaedic Injury Capacity Under Mental Capacity Act Care and Rehabilitation +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 27
Sign in to unlock

Parties

Mr Jubair Ali (A Protected Party by Jabid Ali, His Father and Litigation Friend)

Claimant

Mr David Graham Caton

First Defendant

Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury/quantum Assessment / Judgment After Trial on Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages for the claimant's injuries?
  2. 2 Does the claimant lack capacity to manage his property and affairs?
  3. 3 What are the claimant's care and support needs, both past and future?

Ratio Decidendi

The court found, on the balance of probabilities, that the claimant suffered genuine, significant cognitive and physical disabilities as a result of the accident, though not to the extreme degree indicated by some test results. The claimant was not malingering in his day-to-day presentation, and the best evidence of his functional abilities was provided by the Banstead rehabilitation records. The claimant lacks capacity to manage his property and affairs. The appropriate quantum of damages is to be calculated on a multiplier/multiplicand basis, using Table 1 of the Ogden Tables for future losses, and reflects substantial past and future care, loss of earnings, and other heads of loss. The...

Court Disposition

Judgment for the claimant on quantum, subject to 20% liability deduction and interim payments.

Orders

  • Award of damages to the claimant in the sum of £989,167 (D1) or £988,902 (D2) after deductions, excluding future care and case management which are to be dealt with by periodic payments.
  • Declaration that the claimant lacks capacity to manage his property and affairs.